DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Resolve FM Pty Ltd T/A Resolve FM Pty Ltd
(AG2017/1602)

RCR RESOLVE FM HOLDEN - ELIZABETH ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 31 MAY 2017

Application for approval of the RCR Resolve FM Holden - Elizabeth Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the RCR Resolve FM Holden - Elizabeth Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCR Resolve FM Pty Ltd T/A Resolve FM Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 31 May 2017 and, in accordance with s.54, will operate from 7 June 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission considered an application by RCR Resolve FM Pty Ltd T/A Resolve FM Pty Ltd for the approval of the RCR Resolve FM Holden - Elizabeth Enterprise Agreement 2017. The applicant, a facility management company, sought the Commission’s approval of the agreement under section 231 of the Fair Work Act 2009. The application followed a vote by employees, where the majority had voted in favour of the agreement.

The legal issues before the Commission included whether the agreement met the requirements of section 230 of the Act and whether the bargaining process leading to the agreement was fair and independent. Key considerations involved the adequacy of the agreement in addressing the needs of the employees and whether it complied with the statutory provisions for enterprise agreements. Additionally, the Commission examined whether the agreement was free from any improper influence or coercion.

The Commission found that the agreement satisfied the legal requirements for approval. The bargaining process was deemed to be fair and independent, with no evidence of coercion or improper influence. The agreement was comprehensive and covered all mandatory topics as required by the Act. It also provided for appropriate protections and benefits for the employees. The Commission concluded that the agreement was in the best interests of the employees and approved it accordingly.

The Fair Work Commission approved the RCR Resolve FM Holden - Elizabeth Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Commission and would govern the employment conditions of the relevant employees until superseded or terminated in accordance with the Act.

RCR Resolve FM Pty Ltd T/A Resolve FM Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established